H1b transfer time frame after layoff?

[kameet]

Hello

I recently was laid off from my company . The last date at work is march 28th, 2012.. I am actively searching for jobs . My company will submit the withdrawal of H1B to USCIS on April 6th .My wife has her H1b visa from another company valid till Oct 2013. I have some questions and needed help

1) Is there any time frame in which I find a new job and i would not have any issues with getting an approval from USCIS ? How many days of gap has worked so far after you are removed from company ?

2) I am confused between making decision on filing a change of status from ( H1 - H4 visa) or waiting for next 20 days to find a job ? What is recommended generally :- waiting for a new h1b by finding a new job or have an application pending for change of status ?

Thanks for your help!

[JoeF]

You are out of status from the day of lay off, even if the company takes some time to withdraw the H1.

You should file a COS to another status, e.g., B2, or H4 if your spouse is on H1, no later than the day of layoff.

That gives you time to find another job.

Oh, and if you wish to return to your home country, the company has to pay for your flight, by law.